Sanford v. Kimball
Supreme Judicial Court of Maine
Od motion by plaintiff. Action on the case for negligence in the use and care of the plaintiff’s horse. The writ contained a count in trover and also a count as follows: "In a plea of the case, for that the said plaintiff, at said Kennebunk, heretofore, to wit, on the fifteenth day of August, A. D. 1908, did deliver to said defendant, a certain horse of the plaintiffs, called Prince, to work on said defendant’s farm in Kennebunk, aforesaid, and the plaintiff avers that said…
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Od motion by plaintiff. Action on the case for negligence in the use and care of the plaintiff’s horse. The writ contained a count in trover and also a count as follows: "In a plea of the case, for that the said plaintiff, at said Kennebunk, heretofore, to wit, on the fifteenth day of August, A. D. 1908, did deliver to said defendant, a certain horse of the plaintiffs, called Prince, to work on said defendant’s farm in Kennebunk, aforesaid, and the plaintiff avers that said Kimball thereafterwards, to wit, on the twenty-sixth day of August, A. D. 1908, at said Kennebunk, so carelessly and…
1Opinion of the CourtCornish, J.
Action on the case for negligence in the use and care of the plaintiff’s horse by the defendant. The jury returned a verdict for the defendant and the case is before this court on the plaintiff’s motion to set aside the verdict as against the law and the evidence.
The material facts are not in dispute. In the summer of 1908, the parties agreed to exchange work in haying, with teams and men. Under that agreement the plaintiff let the defendant have the horse in question on August 13. On August 25, the plaintiff went after the horse but as the defendant had not finished haying it was agreed that…
2Cited by21 opinions
- Hansen v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1920
- Miles v. International Hotel Co.Illinois Supreme Court · 1919
- Handley v. StateSupreme Court of Alabama · 1925
- Colburn v. Washington State Art Ass'nWashington Supreme Court · 1914
- State v. . CardenSupreme Court of North Carolina · 1936
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